When you Need a BitTorrent Criminal Defense Lawyer

In today’s digital age, individuals face an ever-evolving spectrum of legal considerations and risks related to technology and the internet.

For many, the lines between what is allowed or “legal” vs what is considered a crime or punishable by law gets easily muddled.

For example, in the past, if you wanted to see a new movie, you would head down to the local movie theater. Similarly, if you wanted the latest new album from your favorite band, you had to take a trip to your local record store or even purchase it online. Wanted to see porn? You had to find your father’s stash under the nightstand.

Those days are long behind us. We live in an age when movies, music, and other media can be easily streamed right into your living room. With a quick search and a few clicks of a mouse, you can have a virtually endless library of media at your fingertips.

Not only that, “peer to peer” (P2P) protocols such as BitTorrent make this process easily accessible to even those who don’t know a lot about technology. Yet, these “programs” often open up the door to malicious intent, bad actors, malware, adware, and viruses that can discreetly leave behind or place incriminating evidence on your computer.

When this happens, you may become subject to any number of criminal or civil liabilities, investigations, and even arrests.

But you didn’t do anything wrong, right? This guide will help you explore the ways in which BitTorrent may put you at risk, and when you need the help of a qualified defense attorney like Privacy Law with experience in this field of law.

What is BitTorrent?

BitTorrent isn’t actually a “program” in the traditional sense. Rather it is a method or “protocol” that enables individuals to download files of various types that are distributed amongst a “peer-to-peer” file-sharing system. Programs that allow the user to download BitTorrent files are called “Clients”.

What makes BitTorrent unique (and popular) is that it works to distribute file sharing across all users who have downloaded (or are currently downloading) the file in question. BitTorrent divides and distributes individual pieces of the whole file in smaller units. As soon as you have one piece of the download available, BitTorrent begins to share that component with others. This is what makes the protocol so fast and efficient at helping users download files quickly, reliably and efficiently.

But using BitTorrent on any “Client” has its pitfalls, some of which are legal.

Is BitTorrent Legal?

“Torrenting” files is not itself illegal. For example, you may have a legitimate reason or need to share files to which you have the right to share. However, where things get tricky is when users share and distribute “copyrighted” content without permission. In fact, between 2010-2011 alone, over 200,000 users were sued in court for downloading copyrighted material by utilizing the BitTorrent protocol.

Use of BitTorrent reveals the user’s IP address, meaning that Internet Service Providers (ISPs) can be easily notified and issued subpoenas to disclose the customer information. This not only puts your internet service at risk of cancellation, but it also puts you at risk of costly (and sometimes devastating) lawsuits from which you may never financially recover.

But the risks don’t end with “copyrighted” material. When you download a file, you have no idea of what that file actually contains. Relying on the file’s title or description isn’t a reliable way to know what is actually within the files. In some cases, these files may contain illegal types of content ranging from terrorist propaganda to child pornography.

Once downloaded the damage is done. That file has been proactively downloaded by you, with a record on file at your ISP. 

Risks Associated with BitTorrent

Despite being fast, reliable and efficient, bear in mind that all files on BitTorrent are uploaded by individual users who you have no connection with nor way of verifying. This in itself is an inherent risk.

Virus and Malware

Files acquired through BitTorrent are notoriously laced with hidden malware, adware and computer viruses that can wreak havoc on your system or stay hidden. Hidden malware may steal passwords (such as banking information) or go so far as to “employ” your computer as a “Zombie” computer, silently carrying out malicious acts such as DDOS attacks or downloading and distributing child pornography.

Copyright Laws

Even in situations where you own a movie, game or album that you legitimately paid for, you may not have the right to “share” or distribute that media. In other cases, downloading these files from others may also put you at risk of copyright infringement, potentially carrying steep fines and even jail time.

ISP Terms of Service

Although not typically criminal in nature, violations of your Internet Service Provider’s Terms of Service may put your account at risk of cancellation. This applies even if you are downloading “legal” torrents as ISPs are not in the business of determining what is, or is not, legitimate.

Difficult to Remove 

Accidently download a copyrighted file, or perhaps one that (unbeknownst to you) contained what may be child pornography? Deleting the files and BitTorrent Client isn’t enough. These programs often include “persistency” protocols, reinstalling and leaving behind trace files. Such files can put you at risk of being raided by the FBI and potentially thrown in jail for the rest of your life.

When and Why you Need a Criminal Defense Lawyer

Illegally downloaded files or those that may contain illegal content which were downloaded on or installed on your computer, even without your knowledge or intent, can put you at serious risk of charges, fines and imprisonment.

Illegal Files Include but Are not Limited to Those Related to:

• The exploitation of a minor
• Child endangerment
• Child pornography 
• Videos of assaults 
• Photographic evidence of a crime or illegal activities 
• Ransomware
• Copyrighted or intellectually protected property or material to which you do not have the rights

The legal landscape surrounding BitTorrent cases is complex and evolving. Those who may be at risk, are under investigation, have received a Cease and Desist, or DMCA claim are advised to seek legal counsel as soon as possible. The right BitTorrent criminal defense attorney can help you navigate the legal system, uncover evidence in your favor, craft a winning defense strategy, and work to help you find the most favorable outcome for your unique situation.

Despite being fast, reliable and efficient, bear in mind that all files on BitTorrent are uploaded by individual users who you have no connection with nor way of verifying. This in itself is an inherent risk.